Tan Hock Kien (GRN 56990) Pentadbir Tanah Kuala Langat

Tan Hock Kien (GRN 56990) Pentadbir Tanah Kuala Langat

Applicants failed to discharge the burden to show the award was inadequate. The court accepted assessors' views and evidence supporting the respondent's valuation (RM290/sqm) and maintained the respondent's award. Claims for severance, injurious affection and ancillary losses (loss of oil palms, legal costs) were rejected as unsupported or double counting; Jed Tradisi's planning fee award was maintained. Applicants ordered to pay RM500 each to the government and private assessors.

Citation
BA-15-99-06/2022 (Mahkamah Tinggi)
Parties
Applicant (registered Owner, 1/3): Tan Hock Kien; Applicant (registered Owner, 1/3): Tan Teng Hock; Applicant (registered Owner, 1/3): Wong Kuan; Applicant (purchaser With Beneficial Interest): Jed Tradisi Sdn Bhd; Respondent (land Administrator): Pentadbir Tanah Daerah Kuala Langat
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 June 2023
Case Number
BA-15-99-06/2022 (Mahkamah Tinggi)
Procedural Posture
Land Acquisition Reference Under Section 38(5) of the Land Acquisition Act 1960 / Reference Hearing Before High Court With Assessors; Judgment and Determination of Objections
Outcome
Respondent's awards upheld; applicants' objections dismissed in all material respects except maintenance of planning fee award to Jed Tradisi
Legal Topics
Compensation, Market Valuation, Severance (pecah Pisah), Injurious Affection, Procedural Burden of Proof, Assessors' Role
Source Language
Malay/English
Land Law Compulsory Acquisition Valuation Law Administrative Law Compensation Market Valuation Severance (pecah Pisah) Injurious Affection +2 more

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Parties

Tan Hock Kien

Applicant (registered Owner, 1/3)

Tan Teng Hock

Applicant (registered Owner, 1/3)

Wong Kuan

Applicant (registered Owner, 1/3)

Jed Tradisi Sdn Bhd

Applicant (purchaser With Beneficial Interest)

Pentadbir Tanah Daerah Kuala Langat

Respondent (land Administrator)

Procedural Posture

Land Acquisition Reference Under Section 38(5) of the Land Acquisition Act 1960 / Reference Hearing Before High Court With Assessors; Judgment and Determination of Objections

Legal Issues

  1. 1 Whether the award by the Land Administrator was inadequate
  2. 2 Proper market value to be applied per square metre
  3. 3 Whether severance (pecah pisah) damages arise

Ratio Decidendi

Applicants failed to discharge the burden to show the award was inadequate. The court accepted assessors' views and evidence supporting the respondent's valuation (RM290/sqm) and maintained the respondent's award. Claims for severance, injurious affection and ancillary losses (loss of oil palms, legal costs) were rejected as unsupported or double counting; Jed Tradisi's planning fee award was maintained. Applicants ordered to pay RM500 each to the government and private assessors.

Court Disposition

Respondent's awards upheld; applicants' objections dismissed in all material respects except maintenance of planning fee award to Jed Tradisi

Orders

  • Maintain award of RM412090.00 to each registered owner (Tan Hock Kien, Tan Teng Hock, Wong Kuan)
  • Maintain award of RM73670.00 to Jed Tradisi Sdn Bhd (planning fee)